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Worker Flexibility and Small Business Protection Act of 2020
Legislative Progress
Introduced
September 24, 2020
Latest Action
September 24, 2020
Primary Sponsor
Patty MurrayDemocratic(WA)
Momentum (last 30 days)
0
score
0 actions · 0 new cosponsors · 0 votes
Speed vs cohort
0pct
0d open
vs 5,086 other S bills in the 116th — cohort avg 30d
Worker Flexibility and Small Business Protection Act of 2020 This bill classifies certain workers as employees, permits employees to request work schedule flexibility, expands oversight mechanisms for certain labor protections, requires employers to post compliance ratings, and provides standards for interpreting and applying certain worker rights. First, the bill provides that workers only may be classified under various labor laws as independent contractors, and not employees, in specified circumstances. It also permits employees to continue, or request, work schedule flexibility. The bill also defines the term multiple employers under various labor laws and makes parent companies responsible for the labor requirements of subsidiary employers. Certain owners, officers, and managers of companies may be assessed civil penalties for violations of certain labor laws; the 10 largest shareholders of employers also may be jointly liable for damages and civil penalties against such employers. Employers also are responsible for the labor protections of employees provided through staffing companies (e.g., temporary employees), including providing wages comparable to direct employees performing similar work. Additionally, employers must post a rating of their compliance with applicable labor laws as determined by the Department of Labor. Finally, the bill requires that specified labor laws are interpreted to include as employees workers or individuals claiming such classification. Further, agencies may not take actions to reduce employee protections under such laws without approval by Congress, and the bill provides standards of interpretation for judicial review.
These links require the bill number to appear in the filing's source-reported specific issue text. Client expenses and lobbying-firm income are separate disclosure fields.
Filing registrants (7)
2021 · first_quarter · Labor Issues/Antitrust/Workplace
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Introduced in Senate
Bills with similar content found using semantic analysis.
Sources: Congress.gov
H.R. 842, Protecting the Right to Organize Act S. 420, Protecting the Right to Organize Act NLRB Rulemaking on joint employer Dept. of Labor Rulemaking on joint employer DOL Independent Contractor Rule DOL Secretary Nomination H.R. 603 Raise the Wage Act S.53 Raise the Wage Act H.R. 1065 Pregnant Workers Fairness Act H.R. 5/S.393 Equality Act EEOC - Vaccination Guidance for Employers H.R.8375 & S.4738 Worker Flexibility and Small Business Protection Act H.R. 830 Wage Increase Fairness Act
Client expense: $213,000 · Firm income: Not reported
Government targets: Equal Employment Opportunity Commission (EEOC), Federal Accounting Standards Advisory Board (FASAB), Federal Trade Commission (FTC), HOUSE OF REPRESENTATIVES, Labor, Dept of (DOL), Natl Labor Relations Board (NLRB), SENATE, Small Business Administration (SBA), Treasury, Dept of, White House Office
2020 · fourth_quarter · Labor Issues/Antitrust/Workplace
H.R. 2474, Protecting the Right to Organize Act S. 1306, Protecting the Right to Organize Act NLRB Rulemaking on joint employer Dept. of Labor Rulemaking on joint employer S. 124, Freedom to Compete Act H.R. 6800 Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act Dept. of Labor Independent Contractor Rulemaking H.R.8375 Worker Flexibility and Small Business Protection Act S.4738 Worker Flexibility and Small Business Protection Act
Client expense: $230,000 · Firm income: Not reported
Government targets: Federal Accounting Standards Advisory Board (FASAB), Federal Trade Commission (FTC), HOUSE OF REPRESENTATIVES, Justice, Dept of (DOJ), Labor, Dept of (DOL), Natl Labor Relations Board (NLRB), SENATE, Small Business Administration (SBA), Treasury, Dept of, White House Office
2020 · fourth_quarter · Labor Issues/Antitrust/Workplace
H.R. 5/S. 788, Equality Act H.R. 7, Paycheck Fairness Act H.R. 582/S. 150, Raise the Wage Act H.R. 748/S. 3548, Coronavirus Aid, Relief, and Economic Security (CARES) Act H.R. 1185/S.463, Family and Medical Insurance Leave (FAMILY) Act H.R. 1309, Workplace Violence Prevention for Health Care and Social Service Workers Act H.R. 1784/S. 840, Healthy Families Act H.R. 1935, Wage Equity Act of 2019 H.R. 2055/S. 1066, An Act Targeting Resources to Communities in Need H.R. 2213, To amend the Internal Revenue Code of 1986 to make the work opportunity credit permanent H.R. 2438/S. 982, Not Invisible Act of 2019 H.R. 2474/S. 1306, Protecting the Right to Organize Act of 2019 H.R. 2694, Pregnant Workers Fairness Act H.R. 2740, Labor, Health and Human Services, Education, Defense, State, Foreign Operations, and Energy and Water Development Appropriations Act, 2020 H.R. 3279, Diversity in Corporate Leadership Act of 2019 H.R. 5084, Improving Corporate Governance Through Diversity Act of 2019 H.R. 5674/S. 604, Mobile Workforce State Income Tax Simplification Act of 2020 H.R. 6074, Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 H.R. 6201, Families First Coronavirus Response Act H.R. 6800, Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act H.R. 6988, Helping Gig Economy Workers Act of 2020 H.R. 7617, Defense, Commerce, Justice, Science, Energy and Water Development, Financial Services and General Government, Labor, Health and Human Services, Education, Transportation, Housing, and Urban Development Appropriations Act, 2021 H.R. 8375/S. 4738, Worker Flexibility and Small Business Protection Act of 2020 S. 920, A bill to amend title II of the Social Security Act to make available parental leave benefits to parents following the birth or adoption of a child, and for other purposes S. 1043, Working Families Flexibility Act of 2019 S. 1937, Merger Filing Fee Modernization Act of 2019 S. 2976, Advancing Support for Working Families Act S. 3607, Safeguarding America's First Responders Act of 2020 Draft legislation titled ADA Education and Reform Act of 2019 Draft legislation regarding independent contractors Potential legislation similar to H.R. 5728/ S. 2810, Workplace Democracy Act (115th Congress) Potential legislation similar to H.R. 6080/S. 3064, Workers' Freedom to Negotiate Act of 2018 Potential legislation similar to S. 3802, Effective Apprenticeships to Rebuild National Skills (EARNS) Act (115th Congress) Nomination of Amanda Wood Laihow to the Occupational Safety and Health Review Commission Nomination of Cynthia L. Attwood to the Occupational Safety and Health Review Commission Nomination of Dave Gray to serve as the investment management representative for the DOL ERISA Advisory Council on Employee Welfare and Pension Benefits Plans Final rule to improve tracking of workplace injuries and illnesses (81 Fed. Reg. 29,624-29,694, May 12, 2016) and proposal to revise final regulations (83 Fed. Reg. 36,494, July 30, 2018) Request for Information the control of hazardous energy (lockout/tagout) (84 Fed. Reg. 22,756-22,762, May 20, 2019) Proposed rule on Joint Employer Status Under the Fair Labor Standards Act, (84 Fed. Reg. 14,043-14,061, April 9, 2019) Proposed rule regarding labor organization annual financial reports for trusts in which a labor organization is interested, Form T-1 (84 Fed. Reg. 25,130, May 30th, 2019) Notice of information collection, request for new control number for a currently approved Collection: Employer Information Report (EEO-1) Component 1; Revision of Existing Approval for EEO-1 Component 2 (84 Fed. Reg. 48,138-48,142, September 12, 2019) Proposed rulemaking fluctuating workweek method of computing overtime (84 Fed. Reg. 59,590-59,602, November 5, 2019) Proposed rule regarding nondiscrimination obligations of federal contractors and subcontractors: procedures to resolve potential employment discrimination (84 Fed. Reg. 71,875-71,887, December 30, 2019) Proposed rule regarding independent contractor status under the Fair Labor Standards Act, (85 Fed. Reg. 60600-60,639, September 25, 2020) Proposed rule establishing a fixed time period of admission and an extension of stay procedure for nonimmigrant academic students, exchange visitors, and representatives of foreign information media (85 Fed. Reg. 60,526-60,598, September 25, 2020) Proposed rule on independent contractor status under the Fair Labor Standards Act (85 Fed. Reg. 60,600-60,639, September 25, 2020) Proposed rule on case procedures: election bars; proof of majority support in construction industry collective-bargaining relationships (84 Fed. Reg. 39,930-39,958, August 12, 2020) Proposed rule on labor organization annual financial reports: LM form revisions (85 Fed. Reg. 64,726-64,906, October 13, 2020) Various issues relating to ambush elections regulations by the National Labor Relations Board (NLRB); Department of Labors regulatory agenda, apprenticeship program; Department of Labor overtime eligibility regulations; Department of Labor review of existing Department of Labor guidance on the fiduciary responsibilities for proxy voting to determine whether any such guidance should be rescinded, replaced, or modified to ensure consistency with current law and policies that promote long-term growth and maximize return on ERISA plan assets; Executive Order 13706, Establishing Paid Sick Leave for Federal Contractors; Executive Order 13950, Combating Race and Sex Stereotyping; NLRB joint employer standard; paid leave; paid family leave; paid sick leave; project labor agreements (PLAs); workplace harassment; reforms to National Labor Relations Act (P.L.74-198) and the Fair Labor Standards Act (P.L. 75-178); potential legislation on the minimum wage; unemployment insurance; antitrust policy; international concerns in the areas of antitrust, standards and investment; vertical merger guidelines; implementation of paid and sick leave and other requirements in the Families First Coronavirus Response Act (P.L. 116-127); coronavirus pandemic related issues; pregnancy discrimination; oversight addressing the National Labor Relations Board, including implementation and oversight of the National Labor Relations Act (P.L. 74-198); election procedures under the Railway Labor Act (P.L. 69-257); NLRB decisions and regulatory agenda; definition of labor organization under the Labor Management Reporting and Disclosure Act (P.L. 85-257); Department of Labor Field Assistance Bulletin No. 2018-01 regarding compliance with Interpretive Bulletin 2016-01 and 2015-01; Department of Labor interpretive bulletin relating to the exercise of shareholder rights; comment letter to Department of Labor on Improving Investment Advice for Workers and Retirees; comment letter to Department of Labor on Financial Factors in Selecting Plan Investments; comment letter to Department of Labor on Fiduciary Duties Regarding Proxy Voting and Shareholder Rights; multiemployer pension plans (MEPs); immigration and economic relief; independent contractor issues; public comment on proposed rulemaking labor organization annual financial reports regarding coverage of intermediate bodies; public comment regarding non-compete clauses used in employment contracts; request for information to the U.S. Department of Labor on paid leave; public comment on representation-case procedures: election bars; proof of majority status in construction industry collective-bargaining relationships; comments asking U.S. Treasury and Department of Labor for reporting requirements delays, good faith compliance, and allowing extra time to comply with specific notice requests; comments on support for the Department of Labors final default electronic disclosure by employee pension benefit plans under ERISA; comments supporting proposed rulemaking, Labor Organization Annual Financial Reports: LM Form Revisions; comments to the EEOC on the conciliation process; comments on strengthening wage protections for the temporary and permanent employment of certain aliens in the United States; Occupational Safety and Health Administration (OSHA) emergency temporary standard proposal; Senate Health, Education, Labor, and Pensions Committee hearing on NLRB and EEOC nominees; single-employer defined benefit plans and COVID-19; Equal Employment Opportunity Commission nominations; request for information on paid family leave; state unemployment insurance (UI) trust fund depletion; unemployment insurance during the COVID-19 pandemic; $600 weekly UI Supplement; interagency Labor Committee for Monitoring and Enforcement Procedural Guidelines for Petitions Pursuant to the USMCA; unemployment insurance issues; antitrust issues
Client expense: $22,290,000 · Firm income: Not reported
Government targets: Agriculture, Dept of (USDA), Army, Dept of (Corps of Engineers), Bureau of Citizenship & Immigration Services (BCIS), Bureau of Industry and Security (BIS), Commerce, Dept of (DOC), Commodity Futures Trading Commission (CFTC), Consumer Financial Protection Bureau (CFPB), Defense, Dept of (DOD), Education, Dept of, Energy, Dept of, Environmental Protection Agency (EPA), Equal Employment Opportunity Commission (EEOC), Executive Office of the President (EOP), Federal Aviation Administration (FAA), Federal Communications Commission (FCC), Federal Deposit Insurance Corporation (FDIC), Federal Emergency Management Agency (FEMA), Federal Energy Regulatory Commission (FERC), Federal Reserve System, Federal Trade Commission (FTC), Government Accountability Office (GAO), HOUSE OF REPRESENTATIVES, Health & Human Services, Dept of (HHS), Homeland Security, Dept of (DHS), Housing & Urban Development, Dept of (HUD), Interior, Dept of (DOI), Internal Revenue Service (IRS), Justice, Dept of (DOJ), Labor, Dept of (DOL), Natl Economic Council (NEC), Natl Institute of Standards & Technology (NIST), Natl Labor Relations Board (NLRB), Natl Security Council (NSC), Natl Telecommunications & Information Administration (NTIA), Office of Management & Budget (OMB), Office of Science & Technology Policy (OSTP), Office of the Comptroller of the Currency (OCC), Patent & Trademark Office (PTO), Pension Benefit Guaranty Corporation (PBGC), SENATE, Securities & Exchange Commission (SEC), Small Business Administration (SBA), State, Dept of (DOS), Transportation, Dept of (DOT), Treasury, Dept of, U.S. Copyright Office, U.S. Customs & Border Protection, U.S. Trade Representative (USTR), White House Office
2020 · fourth_quarter · Labor Issues/Antitrust/Workplace
H.R. 2474 (S.1306), Protecting the Right to Organize Act, provisions related to workers entrepreneurial freedom (Sec. 4(a)(2)); S. 4738 (H.R. 8375), Worker Flexibility and Small Business Protection Act; Department of Labor notice of proposed rulemaking on Independent Contractor Status under the Fair Labor Standards Act (RIN 1235-AA34).
Client expense: Not reported · Firm income: $60,000
Government targets: HOUSE OF REPRESENTATIVES, Labor, Dept of (DOL), SENATE
2020 · fourth_quarter · Labor Issues/Antitrust/Workplace
H.R. 2474 (S.1306), Protecting the Right to Organize Act, provisions related to workers entrepreneurial freedom (Sec. 4(a)(2)); S. 4738 (H.R. 8375), Worker Flexibility and Small Business Protection Act; Department of Labor notice of proposed rulemaking on Independent Contractor Status under the Fair Labor Standards Act (RIN 1235-AA34).
Client expense: $340,000 · Firm income: Not reported
Government targets: HOUSE OF REPRESENTATIVES, SENATE
2020 · fourth_quarter · Transportation
General and regulatory monitoring regarding intermodal transportation and cargo issues, including issues relating to truck productivity, automation, and electric vehicle tax credit. H.R. 2, The Moving Forward Act INVEST in America Act Department of Transportation Extension of the Modified Expanded Emergency Declaration FMCSA New Under-21 Commercial Driver Pilot Program FMCSA Pilot Program for Hours of Service Flexibility FMSCA Final Rule on Hours of Service Department of Labor Independent Contractor Rule H.R. 1374/S. 569, DRIVE Safe Act H.R. 8375/S. 4738, Worker Flexibility and Small Business Protection Act
Client expense: $2,516,000 · Firm income: Not reported
Government targets: Federal Motor Carrier Safety Administration, HOUSE OF REPRESENTATIVES, Labor, Dept of (DOL), SENATE, Transportation, Dept of (DOT)
2020 · fourth_quarter · Labor Issues/Antitrust/Workplace
Proposals to create or expand federal paid family and medical leave programs or incentives. H.R. 1185/S. 1185 - Family and Medical Insurance Leave Act S.2976/H.R.5294 - Advancing Support for Working Families Act H.R. 6201 - Family First Coronavirus Response Act. ISSUE: Paid sick and family medical leave HR 6800 - The Health and Economic Recovery Omnibus Emergency Solutions Act (Heroes Act). ISSUE: Paid sick and family medical leave HR 925 - The Heroes Act. ISSUE: Paid sick and family medical leave HR 2474 - Protecting Right to Organize Act of 2019 S.4738 - Worker Flexibility and Small Business Protection Act of 2020 H.R.1418 - Competitive Health Insurance Reform Act of 2020; ISSUE: supplemental insurance products
Client expense: $460,000 · Firm income: Not reported
Government targets: HOUSE OF REPRESENTATIVES, SENATE
2020 · fourth_quarter · Labor Issues/Antitrust/Workplace
Department of Labor proposed rule regarding "Independent Contractor Status Under the Fair Labor Standards Act" (85 Fed. Reg. 60600, September 25, 2020). Wage and Hour Division opinion letter FLSA2020-16 addressing the compensability of employee travel time of construction workers under the Fair Labor Standards in various situations involving construction sites located away from an employers principal place of business. Wage and Hour Division All Agency Memoranda (AAM) 233 (December 14, 2020) clarifying AAM 213 of March 22, 2013 to direct that when a wage determination contains fewer than three classifications in the relevant skilled craft or power equipment operator category, contracting officers shall evaluate whether a proposed new classification bears a reasonable relationship to both the existing skilled craft and power equipment operator classifications that are in the wage determination; AAM 234 (December 14, 2020) requesting comments on the planned schedule for Davis-Bacon wage surveys for fiscal year 2022; AAM 235 (December 14, 2020) rescinding AAM 212 of March 22, 2013 setting forth standards for the application of Davis-Bacon to construction survey crews; AAM 236 (December 14, 2020) raising from $1 million to $2.5 million the threshold for determining if more than one wage determination applies to a construction project because there is substantial construction in a category of construction that is different from the overall project but does not exceed 20% of the project's overall cost. H.R. 8294, the "National Apprenticeship Act of 2020," legislation to: (1) provide $3.5 billion over 5 years for grant programs to create or support registered apprenticeship programs; (2) codify and streamline standards for registered youth apprenticeships, pre-apprenticeship and apprenticeship programs; (3) codify the Office of Apprenticeship at the Department of Labor; and (4) establish the National Advisory Committee on Apprenticeships; Amendment 16 (Stefanik), striking the requirement that the Secretary must also approve an alternative time-based model that reflects industry standards and hazards of the occupation, leaving such approval at the discretion of the state registration agency; Amendment 20 (Scott Managers Amendment), making a series of technical and conforming changes, ensuring the definition of a State includes outlying areas, including employment and training activities in the Departments of Commerce, Energy and Transportation, and the Small Business Administration, in the Related Federal Programs definition, ensuring costs related to assessments and licenses are allowable, clarifying that the 2,000 hours on-the-job learning requirement for time-based apprenticeship programs is cumulative, and that the exception to this requirement should be made only for nontraditional apprenticeship industries or occupations, allowing sponsors with five or fewer apprentices, pre-apprentices or youth apprentices to report data annually rather than quarterly, ensuring pre-apprenticeship programs are developed in consultation with an apprenticeship program sponsor; Amendment 28 (Smith/Langevin), allowing pre-apprenticeship programs that receive grant funds under Title II to use funds to provide stipends to pre-apprentices for costs incurred during the pre-apprenticeship program such as housing, transportation, childcare, and other out-of-pocket expenses; Amendment 29 (Levin), providing that any eligible entity applying for a Title II grant should be partnering with a labor or joint labor-management organization, to the extent practicable. H.R. 8375, the "Worker Flexibility and Small Business Protection Act of 2020," legislation to provide a right to flexibility and to broaden and increase employee protections at work, to protect small businesses through shared responsibility for workers' rights, and to provide public transparency on workers' rights violations; entire bill. S. 4738, the "Worker Flexibility and Small Business Protection Act," legislation to provide a right to flexibility and to broaden and increase employee protections at work, to protect small businesses through shared responsibility for workers' rights, and to provide public transparency on workers' rights violations; entire bill.
2020 · third_quarter · Labor Issues/Antitrust/Workplace
H.R. 2474 (S.1306), Protecting the Right to Organize Act, provisions related to workers entrepreneurial freedom (Sec. 4(a)(2)); S. 4738 (H.R. 8375), Worker Flexibility and Small Business Protection Act; Department of Labor notice of proposed rulemaking on Independent Contractor Status under the Fair Labor Standards Act (RIN 1235-AA34).
Client expense: Not reported · Firm income: $60,000
Government targets: HOUSE OF REPRESENTATIVES, Labor, Dept of (DOL), SENATE
2020 · third_quarter · Labor Issues/Antitrust/Workplace
H.R. 2474 (S.1306), Protecting the Right to Organize Act, provisions related to workers entrepreneurial freedom (Sec. 4(a)(2)); S. 4738 (H.R. 8375), Worker Flexibility and Small Business Protection Act; Department of Labor notice of proposed rulemaking on Independent Contractor Status under the Fair Labor Standards Act (RIN 1235-AA34).
Client expense: $370,000 · Firm income: Not reported
2020 · third_quarter · Labor Issues/Antitrust/Workplace
H.R. 8375, the "Worker Flexibility and Small Business Protection Act," legislation to provide a right to flexibility and to broaden and increase employee protections at work, to protect small businesses through shared responsibility for workers' rights, and to provide public transparency on workers' rights violations; entire bill. S. 4738, the "Worker Flexibility and Small Business Protection Act," legislation to provide a right to flexibility and to broaden and increase employee protections at work, to protect small businesses through shared responsibility for workers' rights, and to provide public transparency on workers' rights violations; entire bill. H.R. 8294, the "National Apprenticeship Act of 2020," legislation to: (1) provide $3.5 billion over 5 years for grant programs to create or support registered apprenticeship programs; (2) codify and streamline standards for registered youth apprenticeships, pre-apprenticeship and apprenticeship programs; (3) codify the Office of Apprenticeship at the Department of Labor; and (4) establish the National Advisory Committee on Apprenticeships; entire bill. Implementation of the paid leave and expanded family leave enacted as part of the Families First Coronavirus Response Act (P.L. 116-127). Implementation of Department of Labor final rule on "Apprenticeship Programs, Labor Standards for Registration, Amendment of Regulations" (85 Fed. Reg. 14294, March 11, 2020). Department of Labor proposed rule regarding "Independent Contractor Status Under the Fair Labor Standards Act" (85 Fed. Reg. 60600, September 25, 2020).
Client expense: Not reported · Firm income: $50,000
Client expense: Not reported · Firm income: $50,000
Government targets: HOUSE OF REPRESENTATIVES, Labor, Dept of (DOL), Pension Benefit Guaranty Corporation (PBGC), SENATE, Treasury, Dept of, White House Office
Government targets: HOUSE OF REPRESENTATIVES, Labor, Dept of (DOL), Pension Benefit Guaranty Corporation (PBGC), SENATE, Small Business Administration (SBA), Treasury, Dept of, White House Office